Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Comments Off on Hillsborough inquest timeline: the long wait for justice – The Guardian

Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian

‘A 27-year struggle for truth by the families of the 96 people killed at the Hillsborough football stadium has been vindicated after new inquests into the disaster determined that they had been unlawfully killed.’

Full story

The Guardian, 27th April 2016

Source: www.guardian.co.uk

Comments Off on Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian

Hillsborough disaster: Fans unlawfully killed – BBC News

Posted April 26th, 2016 in health & safety, inquests, negligence, news, police, sport, unlawful killing by sally

‘Ninety-six football fans who died as a result of a crush in the Hillsborough disaster were unlawfully killed, the inquests have concluded.’

Full story

BBC News, 26th April 2016

Source: www.bbc.co.uk

Comments Off on Hillsborough disaster: Fans unlawfully killed – BBC News

Damages for loss of chance in professional negligence cases – Park Square Barristers

Posted April 26th, 2016 in damages, loss of chance, negligence, news, professional conduct by sally

‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”

Full story

Park Square Barristers, 24th March 2016

Source: www.parksquarebarristers.co.uk

Comments Off on Damages for loss of chance in professional negligence cases – Park Square Barristers

Hillsborough jury reaches decision – BBC News

‘Jurors have reached a majority decision on whether the 96 victims of the Hillsborough disaster were unlawfully killed.’

Full story

BBC News, 25th April 2016

Source: www.bbc.co.uk

Comments Off on Hillsborough jury reaches decision – BBC News

Hillsborough inquest: Jury can return majority decision on whether fans were unlawfully killed – The Independent

‘The jury in the Hillsborough inquests has been told it can return a majority decision on whether the 96 victims were unlawfully killed.’

Full story

The Independent, 25th April 2016

Source: www.independent.co.uk

Comments Off on Hillsborough inquest: Jury can return majority decision on whether fans were unlawfully killed – The Independent

Webb (by her litigation friend) v Liverpool Women’s NHS Foundation Trust – WLR Daily

Posted April 20th, 2016 in costs, indemnities, law reports, negligence, personal injuries by sally

Webb (by her litigation friend) v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365

‘The claimant succeeded in her claim against the defendant for medical negligence in the management of her birth, during which she suffered a Brachial Plexus Injury as a result of shoulder dystocia. The claimant had earlier made a CPR Pt 36 offer to settle liability on the basis that she received 65% of the damages that would accrue on a 100% basis, which had been rejected by the defendant. The judge upheld the first allegation under the claim, namely that the defendant had been negligent in not performing a caesarean section during the claimant’s delivery and held that as she had succeeded in establishing that her injury was caused by the defendant’s negligence, she was accordingly entitled to 100% of her claimed damages even though she had been unsuccessful in other specific allegations, including a freestanding second limb of the claim that the delivery itself was negligently managed. On the issue of costs, the claimant contended that because of the defendant’s refusal to accept the Part 36 offer of settlement which had been bettered by the claimant, the consequences of what was then CPR r 36.14(3) (now CPR r 36.17, as amended by The Civil Procedure (Amendment No 8) Rules (SI 2014/3299), reg 7, Sch 1) applied and as a result the court was unable to make an issues-based order, Part 36 comprising as it did an all or nothing self-contained regime; and that she should have all her costs on an indemnity basis from the expiry of the relevant period plus interest thereon at the enhanced “Part 36 rate” plus the enhancements specified in Part 36.14(3)(a) and (d). The defendant submitted that the normal cost consequences of CPR r 36.14(3) should be disapplied because, by reference to CPR r 36.14(4), in the circumstances, it would be unjust to apply them; that CPR Part 36 did not prevent the court from making an issues-based or proportionate costs order to reflect the fact that the claimant failed in respect of the second allegation, which was a discrete and independent allegation and that such an order was appropriate; and that therefore the claimant’s costs referable to the first allegation should be awarded with the CPR Part 36 enhancements but not those in respect of the unsuccessful second allegation. The judge held that (a) the engagement of the CPR Pt 36 cost consequences did not preclude the court from making an issues-based or proportionate costs order and the court had a discretion to make such an order, notwithstanding that the claimant was a successful claimant; and (b) that, in the circumstances of the case, it was just to make an issues-based proportionate costs order, under which the claimant would not recover her costs of the second allegation. He ordered that the claimant should recover her damages to be assessed with the 10% addition required by CPR r 36.14(3)(d), plus her costs, excluding those referable to the second allegation and that those costs, incurred after 22 October 2014, were to be assessed on an indemnity basis pursuant to CPR r 36.14(3)(d). The claimant appealed on the grounds that (a) on the true construction of Part 36, the discretion of the court under CPR r 36.14(3) was restricted to the enhancements to which a successful claimant was normally entitled in respect of damages, costs and interest, that the court did not have power under Part 36 to deprive a party of part of its costs on the basis that it had failed to establish part of its claim and that Part 36 excluded the normal discretion of the court to make an issues-based or proportionate costs order; (b) alternatively, that a successful claimant could only be deprived of her costs if it was shown that it would be unjust for her to recover all her costs; and (c) that the judge had erred in law in deciding that he could and should deprive the claimant of her costs attributable to the second allegation.’

WLR Daily, 14th April 2016

Source: www.iclr.co.uk

Comments Off on Webb (by her litigation friend) v Liverpool Women’s NHS Foundation Trust – WLR Daily

PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette

‘The Court of Appeal has ruled that a claimant should be awarded full costs of bringing her case despite losing on one of the issues.’

Full story

Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

Comments Off on PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette

Negligence claim over Raoul Moat shooting – Law Society’s Gazette

‘The claimants said that Northumbria Police owed PC David Rathband a duty of care to warn him of the threats made by Raoul Moat.’

Full story

Law Society’s Gazette, 18th April 2016

Source: www.lawgazette.co.uk

Comments Off on Negligence claim over Raoul Moat shooting – Law Society’s Gazette

Court of Appeal overturns issues-based part 36 offer – Litigation Futures

‘Judges can make issues-based costs orders under part 36 but only if it is unjust to deprive a successful claimant of all or part of their costs, the Court of Appeal has ruled in overturning such an order.’

Full story

Litigation Futures, 15th April 2016

Source: www.litigationfutures.com

Comments Off on Court of Appeal overturns issues-based part 36 offer – Litigation Futures

When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’

Full story

Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

Comments Off on When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

‘The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however that there do remain some unanswered questions regarding the limits of recovery in this area; one such query arose in the more recent case of Whitehead v Searle [2008] EWCA Civ 285, where the rights of a father in these actions was considered.’

Full story

Hardwicke Chambers, 8th April 2016

Source: www.hardwicke.co.uk

Comments Off on Wrongful Birth and Wrongful Conception – The Rights of the Father – Hardwicke Chambers

Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by tracey

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

Full story

Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

Comments Off on Global firm must pay £118k over negligent advice – Law Society’s Gazette

Settlement agreement over unpaid fees protects law firm against £70m negligence claim – Litigation Futures

Posted March 30th, 2016 in codes of practice, damages, fees, law firms, negligence, news, solicitors by sally

‘A settlement agreement provides a central London law firm with a “complete defence” against a £70m professional negligence claim brought on behalf of a Russian oil company, the High Court has ruled.’

Full story

Litigation Futures, 30th March 2016

Source: www.litigationfutures.com

Comments Off on Settlement agreement over unpaid fees protects law firm against £70m negligence claim – Litigation Futures

Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

Full story

Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

Comments Off on Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

The law of vicarious liability is on the move… and hasn’t finished moving yet – Zenith PI Blog

Posted March 23rd, 2016 in negligence, news, personal injuries, prisons, vicarious liability by tracey

‘“The law of vicarious liability is on the move”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10.’

Full story

Zenith PI, 23rd March 2016

Source: www.zenithpi.wordpress.com

Comments Off on The law of vicarious liability is on the move… and hasn’t finished moving yet – Zenith PI Blog

Material Contribution and Williams – Hardwicke Chambers

Posted March 22nd, 2016 in appeals, medical treatment, negligence, news, Privy Council by sally

‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’

Full story

Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

Comments Off on Material Contribution and Williams – Hardwicke Chambers

Holmcroft: Skilled person not amenable to judicial review – Henderson Chambers

Posted March 22nd, 2016 in banking, financial regulation, fraud, judicial review, negligence, news by sally

‘On 24 February 2016, in R (Holmcroft Properties Limited) -v- KPMG LLP and others, the Divisional Court dismissed Holmcroft’s judicial review challenge to the skilled person’s role in a mis-selling redress scheme. The skilled person, KPMG, had approved Barclays’ rejection of Holmcroft’s claims for consequential losses it claimed to have suffered as a result of the mis-sale. The court found that the skilled person was not amenable to judicial review and that, in any event, it had acted fairly.’

Full story

Henderson Chambers, 3rd March 2016

Source: www.hendersonchambers.co.uk

Comments Off on Holmcroft: Skilled person not amenable to judicial review – Henderson Chambers

Firm sees off £100k CoA claim after admitting negligence – Law Society’s Gazette

Posted March 22nd, 2016 in appeals, damages, law firms, negligence, news, rectification by sally

‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’

Full story

Law Society’s Gazette, 21st March 2016

Source: www.lawgazette.co.uk

Comments Off on Firm sees off £100k CoA claim after admitting negligence – Law Society’s Gazette

Boys win appeal over striking out of claim against council over harassment on estate – Local Government Lawyer

‘A High Court judge has ruled that the claims of two boys against a council for negligence in failing to protect them from harassment from neighbours on the estate where they lived were wrongly struck out.’

Full story

Local Government Lawyer, 18th March 2016

Source: www.localgovernmentlawyer.co.uk

Comments Off on Boys win appeal over striking out of claim against council over harassment on estate – Local Government Lawyer